On October 30, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Roche Molecular Systems, Inc. (“Petitioner”) over the patentability of claims 1-22 recited in U.S. Patent No. 7,955,794 (“the ‘794 Patent”). The ‘794 Patent, which issued on June 7, 2011, is owned by Illumina, Inc. and is drawn to multiplex nucleic acid reactions of target sequences to create amplicons that can be detected on an array. In the decision, the Board denied the institution of the inter partes review of the ‘794 Patent because the Petitioner presented substantially the same arguments as were previously submitted in a related IPR Petition filed by a real party-in-interest. The inter partes review remains pending at the Board and is captioned IPR2015-01091.
By: Jacqueline A. DiRamio